Reviews of Fair Trading decisions

Have you had a decision made against you by NSW Fair Trading? Perhaps you have had a request turned down, or a licence revoked, or an application refused? There are some options available to you to find out why the decision was made and to take further action to have the decision reviewed.

Right to request reasons for a decision

If you are unhappy with a decision by NSW Fair Trading, you can write to us and ask for the reasons why we came to our decision. You must do this within 28 days of the decision being given to you in writing or within a reasonable time in any other case. We will respond to your request, in writing, within another 28 days.

Internal Review

You also have the right to apply to NSW Fair Trading for a review of the decision. Your application must:

be lodged in writing

be addressed to the Secretary

include an address in Australia to which a notice of the result can be sent, and

be lodged within 28 days after you received the original decision letter, or the reasons for our decision.

We will conduct the internal review and notify you of the result within 21 days.

Review by the NSW Civil and Administrative Tribunal

If you are dissatisfied with the result of the review, you can apply to the NSW Civil and Administrative Tribunal (NCAT). The Tribunal is an independent body whose role includes the review of certain administrative decisions of NSW government agencies. You must apply to the Tribunal within 28 days of receiving the result of the internal review.

If you would like more information on the operations of the Tribunal, including its fees or to obtain applications forms, you can contact the Registry on 1300 006 228, or through the NCAT website.

NOTE - The Administrative Decisions Review Act 1997 obliges agencies who make reviewable decisions to take reasonable steps to notify any affected person in writing of a decision and the right of the person to have the decision reviewed.

Assistance from the Ombudsman

In some cases you can also seek advice from the Ombudsman’s Office about a decision. The Ombudsman can investigate the conduct of government agencies if it is alleged to be:

illegal

unreasonable, unjust or oppressive

improperly discriminatory

based on improper motives or irrelevant grounds

based on a mistake of law or fact, or

the conduct is otherwise wrong.

Investigation by the Ombudsman is free. For more information you can contact the Office of the Ombudsman on (02) 9286 1000.